1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
The first guideline is in regards to why and how you are using the source, whether or not the use will help enrich the general public or whether the only purpose is for personal profit. You must justify that the use of the document is fair and to do this you have to demonstrate how it advances knowledge.
2. The nature of the copyrighted work
The second guideline is in regards to whether or not certain aspects of the work are relevant.
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
The third guideline is in regards to the quantity of the original copyrighted work that is used in the new work. If less of the original work is used then there is a better chance that the work will be considered fair.
4. The effect of the use upon the potential market for or value of the copyrighted work.
The fourth guideline is in regards to the effect that the use will have on the copyright owner's capability to exploit their original work.
Copyright Laws and How They Apply to Online Videos
1. Commenting on or critiquing of copyrighted work
Video makers are allowed to use as much of the original content from the copyrighted work as needed in order to critique it or comment on it.
2. Using copyrighted material for illustration or example
It is okay for video makers to use copyrighted works in order to make their argument stronger or in order to support the point being made.
3. Capturing copyrighted material incidentally or accidentally
If video makers accidentally use a song or sound effect in their video, that is copyrighted material, by accident the copyrighted work is protected under the fair use guidelines and copyright laws and the work is allowed to be used in the final version of the video.
4. Reproducing, reposting, or quoting in order to memorialize, preserve or rescue an experience, an event, or a cultural phenomenon
Video makers sometimes record something like a performance, a public event, or a television broadcast for the purpose of preserving it or to put it into their own work as part of something else like a Biography for example. This will not impair the market for the original work and is therefore exceptable.
5. Copying, reposting, and recirculating a work or part of a work for purposes of launching a discussion
Video makers are allowed to use portions of an original work in order to launch a conversation or discussion.
6. Quoting in order to recombine elements in order to make a new work that depends for its meaning on relationships between the elements
Video makers are allowed to use copyrighted work as long as the meaning is completely different and the audience that it is intended for is different too.
Fair Use Guidelines
1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
The first guideline is in regards to why and how you are using the source, whether or not the use will help enrich the general public or whether the only purpose is for personal profit. You must justify that the use of the document is fair and to do this you have to demonstrate how it advances knowledge.
2. The nature of the copyrighted work
The second guideline is in regards to whether or not certain aspects of the work are relevant.
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
The third guideline is in regards to the quantity of the original copyrighted work that is used in the new work. If less of the original work is used then there is a better chance that the work will be considered fair.
4. The effect of the use upon the potential market for or value of the copyrighted work.
The fourth guideline is in regards to the effect that the use will have on the copyright owner's capability to exploit their original work.
Source for guidelines: http://www.copyright.gov/fls/fl102.html
Copyright Laws and How They Apply to Online Videos
1. Commenting on or critiquing of copyrighted workVideo makers are allowed to use as much of the original content from the copyrighted work as needed in order to critique it or comment on it.
2. Using copyrighted material for illustration or example
It is okay for video makers to use copyrighted works in order to make their argument stronger or in order to support the point being made.
3. Capturing copyrighted material incidentally or accidentally
If video makers accidentally use a song or sound effect in their video, that is copyrighted material, by accident the copyrighted work is protected under the fair use guidelines and copyright laws and the work is allowed to be used in the final version of the video.
4. Reproducing, reposting, or quoting in order to memorialize, preserve or rescue an experience, an event, or a cultural phenomenon
Video makers sometimes record something like a performance, a public event, or a television broadcast for the purpose of preserving it or to put it into their own work as part of something else like a Biography for example. This will not impair the market for the original work and is therefore exceptable.
5. Copying, reposting, and recirculating a work or part of a work for purposes of launching a discussion
Video makers are allowed to use portions of an original work in order to launch a conversation or discussion.
6. Quoting in order to recombine elements in order to make a new work that depends for its meaning on relationships between the elements
Video makers are allowed to use copyrighted work as long as the meaning is completely different and the audience that it is intended for is different too.
Source for Rules/Guidelines: http://www.centerforsocialmedia.org/files/pdf/online_best_practices_in_fair_use.pdf
Sources:
http://www.copyright.gov/fls/fl102.html
http://www.centerforsocialmedia.org/files/pdf/online_best_practices_in_fair_use.pdf